TERMS AND CONDITIONS OF WEBSITE USE

BACKGROUND:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.backingtrax.co.uk (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

  1. Definitions and Interpretation
  2. 1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

    “Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
    “We/Us/Our” means Ameritz Music Limited , a company registered in England under 06071899, whose registered address is 15 London Road, Stockton Heath, Warrington, United Kingdom WA4 6SG and whose main trading address is The White House, Wilderspool Park, Warrington, Cheshire, United Kingdom WA4 6QL. VAT number is 799471949

  3. Access to Our Site
    1. 2.1 Access to Our Site is free of charge. Save for purchases of tracks and downloads, no part of Our Site requires payment of any kind in order to access or use it.
    2. 2.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
    3. 2.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
  4. Intellectual Property Rights
    1. 3.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable English and international intellectual property laws and treaties. All rights are reserved.
    2. 3.2 Subject to sub-Clauses 3.3 and 3.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
    3. 3.3 You may:
      1. 3.3.1 Access and download tracks in Our catalogue in accordance with our Customer Terms of Supply;
      2. 3.3.2 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
      3. 3.3.3 Download Our Site (or any part of it) for caching;
      4. 3.3.4 Print pages from Our Site;
      5. 3.3.5 Download extracts from pages on Our Site; and
      6. 3.3.6 Save pages from Our Site for later and/or offline viewing.
    4. 3.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
  5. Links to Our Site

    1. 4.1 You may link to Our Site provided that:
      1. 4.1.1 You do so in a fair and legal manner;
      2. 4.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
      3. 4.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
      4. 4.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
    2. 4.2 You may not link to any page other than the homepage of Our Site,. Deep-linking to other pages requires Our express written permission.
    3. 4.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at talk2us@ameritz.co.uk for further information.
    4. 4.4 You may not link to Our Site from any other site the main content of which contains material that:
      1. 4.4.1 Is sexually explicit;
      2. 4.4.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;
      3. 4.4.3 Promotes violence;
      4. 4.4.4 Promotes or assists in any form of unlawful activity;
      5. 4.4.5 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
      6. 4.4.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      7. 4.4.7 Is calculated or is otherwise likely to deceive another person;
      8. 4.4.8 Is designed or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
      9. 4.4.9 Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
      10. 4.4.10 Implies any form of affiliation with Us where none exists;
      11. 4.4.11 Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
      12. 4.4.12 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
  6. Links to Other Sites
  7. Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

  8. Disclaimers

    1. 6.1 The Content on Our Site does not constitute advice on which you should rely. It is provided for general information purposes only.
    2. 6.2 We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
    3. 6.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
  9. 7. Our Liability

    1. 7.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
      1. 7.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
      2. 7.3 If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
      3. 7.4 We take all reasonable steps to ensure that Our Site is free from viruses and other malware, however We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
      4. 7.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
      5. 7.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
  10. Viruses, Malware and Security

    1. 8.1 We take all reasonable steps to ensure that Our Site is secure and free from viruses and other malware. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 8.4.
    2. 8.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    3. 8.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
    4. 8.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
    5. 8.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    6. 8.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
  11. Privacy and Cookies

    Use of Our Site is also governed by Acceptable Use & Privacy Policies. These policies are incorporated into these Terms and Conditions by this reference.

  12. Changes to these Terms and Conditions

    1. 10.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
    2. 10.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
  13. Contacting Us

    To contact Us, please email Us at talk2us@ameritz.co.uk or using any of the methods provided on Our contact page at www.backingtrax.co.uk/contactus.asp

  14. Law and Jurisdiction

    1. 12.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
    2. 12.2 Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England.

Ameritz Music Ltd
Registered in the UK 06071899

The White House
Wilderspool Park
Warrington
Cheshire
WA4 6QL

www.backingtrax.co.uk
 
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